Published AAO appeal decisions

A marketing specialist sought NIW under EB-2. The AAO dismissed, finding her proposed endeavor—working with small and medium companies—lacked national importance, as it did not demonstrate broader prospective impact on the marketing industry or U.S. economy.

An accountant seeks an EB-2 national interest waiver for financial management services using artificial intelligence for small businesses. The AAO dismissed because the petitioner failed to demonstrate national importance: claims about AI and small business importance were conclusory without specific evidence of substantial economic or societal benefit.

A special education teacher sought EB-2 national interest waiver. The AAO dismissed the appeal after determining the proposed endeavor lacked national importance; it would benefit only her school and students, not the field broadly, despite its merit.

Financial analyst sought EB-2 with NIW for proposed endeavor in financial analysis and automated systems management for small-to-medium businesses. AAO found substantial merit but not national importance; revenue and employment projections were modest and lacked prospective impact beyond regional scope. Appeal dismissed.

A co-owner and general manager of a moving and storage business sought EB-2 national interest waiver as individual of exceptional ability. The AAO dismissed the appeal, finding insufficient eligibility criteria for exceptional ability and lack of national importance for the business endeavor.

Software developer sought EB-2 with national interest waiver for middleware development company. AAO held proposed endeavor lacked national importance: software applications served particular clients only, not broader industry; business plan showed minimal capital and no contractual commitments to demonstrate significant employment potential.

A physical therapist sought EB-2 classification with national interest waiver to provide specialized neurology and education services. The AAO affirmed EB-2 eligibility but dismissed the appeal, finding the proposed endeavor lacked national importance despite healthcare field importance, as it would not broadly impact the field or create substantial economic effects.

A physician in diagnostic radiology residency seeks EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding only two criteria met and concluding the beneficiary lacks the sustained national or international acclaim required for the small percentage at the very top of the field.

Senior project manager seeking EB-2 exceptional ability and national interest waiver. Petitioner claimed six regulatory criteria but AAO found only two met. AAO withdrew Director's finding on one criterion, leaving only two criteria satisfied. Dismissed because petitioner failed to meet the three-criterion threshold for exceptional ability, disqualifying him from NIW consideration.

A finance and insurance manager with an advanced degree sought NIW. The AAO confirmed EB-2 eligibility but dismissed the appeal, finding the proposed endeavor of process improvement and financial management for multiple companies lacked the national importance required under the first Dhanasar prong; projections for job creation and revenue were insufficient.

A compliance manager seeks an EB-2 national interest waiver. The AAO dismissed the appeal because the petitioner failed to adequately define the specific proposed endeavor or demonstrate national importance; generic business activities lack sufficient economic scale for national significance.

Data programmer analyst with Master's degree in health informatics seeking NIW for EB-2. AAO dismissed, finding petitioner's proposed endeavor lacked national importance; work confined to single employer without documented broader field impact or substantial economic effects meeting Dhanasar threshold.

Photography director with sixteen years experience sought EB-2 exceptional ability classification and national interest waiver. AAO dismissed appeal, finding petitioner lacked exceptional ability and proposed endeavor failed to satisfy Dhanasar's first prong requiring substantial merit and national importance.

A pharmaceutical industrial production manager sought EB-2 classification with national interest waiver to plan and direct manufacturing operations. The AAO found the proposed endeavor had substantial merit but lacked national importance, as providing services for one employer would not generate significant economic activity or employment potential at national scale.

Aircraft mechanic seeking NIW for EB-2 advanced degree or exceptional ability classification. AAO affirmed denial, finding petitioner failed to demonstrate national importance of his specific proposed endeavor of providing aviation mechanical services, conflating industry importance with endeavor-specific national impact.

Pilot and flight instructor seeking EB-2 exceptional ability and national interest waiver. Director found substantial merit but denied national importance and NIW. AAO affirmed, concluding petitioner's proposed work training crew members and pilots does not have prospective impact rising to national importance level under Dhanasar.

Financial manager with foreign bachelor's degree in administration sought EB-2 with NIW. Petitioner claimed five years of progressive post-baccalaureate experience as billing analyst. AAO found only four years six months documented, insufficient for EB-2 advanced degree professional eligibility, so dismissed appeal without reaching NIW prongs.

A mechanical engineer sought EB-2 NIW to establish a consulting business. The AAO dismissed the appeal, finding the petitioner failed the first Dhanasar prong: his proposed consultancy lacked business plan detail, identified no specific clients, and did not demonstrate national importance or significant economic impact.

A civil engineer in sustainable development consulting seeks an EB-2 national interest waiver. The AAO affirmed the service center's denial because the petitioner did not demonstrate the proposed endeavor has national importance: the business plan showed limited job creation and insufficient economic impact to rise to national significance.

Real estate developer sought EB-2 with NIW for home building and remodeling using green technologies and sustainable practices. Director found endeavor nationally important; AAO reversed, finding vague strategy lacking prospective impact and petitioner not adequately positioned. Appeal dismissed on two independent bases.

Food engineer with advanced degree seeking national interest waiver for EB-2 classification. Director approved underlying EB-2 but denied NIW, finding no national importance to proposed endeavor. AAO affirmed that petitioner's work advising individual food manufacturers lacks sufficient prospective impact on meat processing industry to meet Dhanasar's first prong.

An education administrator and entrepreneur sought NIW under EB-2. The AAO dismissed on two independent grounds: she failed to establish EB-2 qualification and her proposed endeavor of owning three education businesses in California lacked demonstrated national importance and broader field impact.

A physical therapist with an advanced degree sought EB-2 NIW to operate a physical therapy clinic. The AAO affirmed dismissal because the proposed endeavor lacked national importance: it would serve only direct clients and did not demonstrate broader field impact, despite timeliness and industry importance.

An agricultural engineer with a doctorate sought EB-2 classification with national interest waiver to conduct soft skills and values training through workshops. The AAO affirmed EB-2 eligibility but dismissed, finding the proposed endeavor lacked national importance as training activities would not sufficiently impact the field broadly at national level.

A nurse sought NIW under EB-2. The AAO dismissed, finding that while her nursing endeavor had substantial merit, she failed to establish national importance because individual patient care lacks prospective impact on the nursing field or healthcare industry more broadly.